As a Canadian citizen, at what point will I be able to move to US?

[cojoe1 0]

How long will it be before I can move in with my wife in the US. I am Canadian citizen, she is an American Citizen and we were married in Wisconsin 2 months ago. We were going through with the Canadian Prmanent Rsident card for her but we have decided we would like to live in Buffalo NY instead (closer to her new job). I will be working in Ontario and I am I no hurry to work in the US, but that means I need to be able to cross the border twice a week for work (work out of Toronto). At what point will I be able to move to Buffalo with my wife? Is it after recieving a receipt for the I-130 paperwork?

Thanks adhead of time for any Info!

[YuAndDan 153]

Many file for CR-1 or K-3 visa and when they get the visa, move.

The CR-1 takes a little longer to get, but is much less expensive for costs, and directly results in Lawful Permanent Resident status in the USA allowing you the ability to work, K-3 needs to file for EAD or LPR status which can take months to get, and is the added expense that make the K-3 costly.

Also you can visit the USA during the period you are waiting for the visa.

[misa 2]

Technically you can't "move" there until you have your visa in hand. For CR-1 through Montreal (the only consulate in Canada that processes them), it take about a year (give or take a month or so) from filing to visa in hand. K3s may be a few months quicker but you'd still have to deal with Montreal if you are in Ontario. Montreal has a current backlog of about 6 months before being granted an interview. That's after the petitions are approved at USCIS.

You can visit but you can't live there yet.

Check out the Canada subforum here too: http://www.visajourney.com/forums/index.php?showforum=93

There's been some discussion here also about who's authorised to work and who isn't. If you are a K3 visa holder, you can go back and forth to work in Canada while waiting for your greencard. If you're not in a hurry, go the CR-1 route as it grants you permanent residency (K3s are technicalky "non-immigrant" visas).

Edited July 31, 2007 by misa

[L_n_O 3]

ya'll beat me to it

[cojoe1 0]

So it seems as though I won't be able to move to US untli the entire process is complete since I need to be able to cross the border for work. So If I understand correctly, that'll be about a year. Now, is there any reason I wouldn't be able to cross into the US a couple of times per week to visit my wife while I'm waiting?

[Flames9_RN 358]

So it seems as though I won't be able to move to US untli the entire process is complete since I need to be able to cross the border for work. So If I understand correctly, that'll be about a year. Now, is there any reason I wouldn't be able to cross into the US a couple of times per week to visit my wife while I'm waiting?

many Cdns do travel to the USA while the process is ongoing and never have a problem! I did it every month and never had an ounce of trouble! BUT you can be denied entry, and there have been posts on here of VJ'ers that have been denied. Its all up to the POE officer! if he believes ur going to permanently stay, he may deny u entry! So have ties to Canada (letter from employer, bills, etc) ALWAYS tell the truth. If u lie and get caught, its going to hurt ya,lol Some have been denied, and it was brought up at the interview in Mtl or VAN, and wasn't a problem, because they told the truth! When answering the POE officers question, answer them, short and sweet, don't babble on, and look them in the eye! They are looking for people lying and they have been trained in that. Best of luck

[cojoe1 0]

I spoke to an immigration officer today at the airport. He told me that he himself had just brought his canadian wife across through the same process. I have to continue to live in Canada until I get my Permanent resident card (so about a year), but that doesn't mean I can't visit my wife in the US. I was very specific in asking if I could visit multiple times a week (I work 4 days in a row with multiple days off in a row and she is my wife!) and he said that as long as I can prove that I have ties to Canada and that I'll be returning to Canada, then I shouldn't have a problem. I'm a pilot for a major airline in Canada so it was very important that he understand that not only will I be going to the US to visit my wife (basically every day off I have) but I also need to cross for work. (and that if I'm denied it could affect my employment!!!) He again assured me that as long as I can prove to the officer my intent to return to Canada (ie application paperwork showing where I'm at in the process, letter from my employer,work schedule, car lease payments, bank account statements, aprtment rental agreement etc) it shouldn't be a problem. It's all about being honest and upfront. I have no intention on staying in the US permanently until I get my PR card and I will have proof to that effect. Since I can visit and leave so regularly, I will basically be 'living' with her anyway. If anyone has anything to add, I would appreciate it, but this immigration officer seemed very sincere and had been through the same situation himself. I hope this info can help someone else in the same situation. Oh, and the reason this will work so well is because we will be living just across the border in Buffalo and I can drive to work in Toronto 2 times per week.

[Lance27 19]

I spoke to an immigration officer today at the airport. He told me that he himself had just brought his canadian wife across through the same process. I have to continue to live in Canada until I get my Permanent resident card (so about a year), but that doesn't mean I can't visit my wife in the US. I was very specific in asking if I could visit multiple times a week (I work 4 days in a row with multiple days off in a row and she is my wife!) and he said that as long as I can prove that I have ties to Canada and that I'll be returning to Canada, then I shouldn't have a problem. I'm a pilot for a major airline in Canada so it was very important that he understand that not only will I be going to the US to visit my wife (basically every day off I have) but I also need to cross for work. (and that if I'm denied it could affect my employment!!!) He again assured me that as long as I can prove to the officer my intent to return to Canada (ie application paperwork showing where I'm at in the process, letter from my employer,work schedule, car lease payments, bank account statements, aprtment rental agreement etc) it shouldn't be a problem. It's all about being honest and upfront. I have no intention on staying in the US permanently until I get my PR card and I will have proof to that effect. Since I can visit and leave so regularly, I will basically be 'living' with her anyway. If anyone has anything to add, I would appreciate it, but this immigration officer seemed very sincere and had been through the same situation himself. I hope this info can help someone else in the same situation. Oh, and the reason this will work so well is because we will be living just across the border in Buffalo and I can drive to work in Toronto 2 times per week.

Agreed. As long as you have proof of ties to Canada and can show that you do not intend to move until you have your Immigrant Visa or K3 Visa (I-130 NOA1/NOA2 stuff like that) you should have no trouble crossing the border. Just make sure you carry all the proof with you each time you cross the border.

Good luck

Lance

[Reba 2]

Will you still have a residence in Canada? That will be a question you'll be asked, and if you don't have a residence there, there is very good probability that you'll be denied entry to the US.

[knowledge 0]

K-3 visa is a non-immigrant multiple entry visa; those who want to be sooner with their spouse take this option, because is faster (ideally). With it, they can get sooner by definition in the US and AOS (see this forum) from there to the immigrant path.

And/or, the immigrant visa (CR-1/IR-1) done from outside of US. Usually people can visit US showing they have ties to return to Canada as you were told.

But, your profession might have 2 sides in the background checks phase, because it is/seems a sensitive one nowdays: either for faster approval or more checks. I think it might be useful to consult a competent lawyer.

But if you have ties to Canada, i don't see where is the problem. Only you have to restrain for visits until you get either of the visas...makes sens?

[cojoe1 0]

I will continue to maintain a residence in Canada, renting an apartment. Another thing the immigration officer told me was that at the moment it doesn't seem as though the K3 would be any faster than the IR/CR-1, and with the later I will get a permanent residence card at the end. So it doesn't seem the K3 would help at this point.

[misa 2]

Make sure that when you visit, only bring what you need for the duration of the visit and don't bring extras. If it looks like you're "moving" some stuff, that could be a red flag.

[Reba 2]

Make sure that when you visit, only bring what you need for the duration of the visit and don't bring extras. If it looks like you're "moving" some stuff, that could be a red flag.

most definitely! You won't be able to move your stuff down there until you've got your visa in hand, and if you've got 3 months worth of clothes in your luggage, and you say you're only staying 3 days, they'll definitely give you a hassle!

[misa 2]

cojoe1, one more thing. Would you happen to have 50% or more aboriginal blood? The rules are different for Canadian aboriginals.

http://www.visajourney.com/forums/index.php?showtopic=78847

[cojoe1 0]

not native, nope. Thanks for all the info and support folks. It's a great forum!